HomeMy WebLinkAbout1155 "1'lilJ MVK'1'(IiAlirL ilV Ul':1V'1' V Kl: 4~~1 /~CGY1S~1 Crv~
Executed dtie 8th nay of tiny . A.D., ]9 80 , oy
RICHARD~He YcAULIFFS and RUTH J. YcAULIFFB, husband and rlife ~
Party of tM tint part Ihareirtalgr called Mtxgegor?. to
CHASE FEDERAL SAVINGS AND LOAN ASSOCIATION
a corporation existing uetder tM laws a tM Uttitad Suter o) America, party a tM snood part lharairulgr ea1Md the Aesotialionl,
WITNESSETH, TMt for divers good and valuable considerations, and ro secure tM payment of tM sggregsa sum a money rtirn.d in tM prnrrwfstsry note of even daa
herewith, ItereineftN mentioned, togetMr witA intaraet tl?araon and all oMar sums of money secured heroby N hetainsfpr provided, tM Mortgagor tloee grant, bargain, sell,
Nitn, remise, roleaea. convey and contain unto its Aeaoeiatan, in fee simple, the falowing detcribed rtNl acute, of which tM Mortgrtgor is now seised and possessed and M
actual poaessiorl, atwn in lira County of ST a LUC IS State of Florida, leoeMy described
altafowe: Condominium Parcel Noe 6443, of BSACHTRSS II, a Condominium, according
to the Declaration of Condominium thereof, as recorded in Official Records p~1J
Book 381 at Page 8609, and any amendments thereof, of the Public Records of
St. Lucie County, Florida.
SUBJI~CT TO terms and conditions of above Declaration of Condominium and any
amendments thereto, and restrictions, easements and reservations of record.
TOGETHER with all strtrcturtlf and improvements now and heresltar on said land and the lixtures attatfted thereto, also together with all and singular IM tenetrtents,
herediuments, easemMtt, riparian rghts and appurtensrtces thereunto balorginp, or in any wive apPatainirtp, and the rents, issue, and prolits thereof, and also all tM estate,
right, titN, interest and all c4irtts and dentrtds whatsoever, as well in Isw at in equity, of said Mortgage in and to the snore, and every part and parcel thereof, and also s11 gas
and eNctric fixtures, radyton, hNten, as tortditionirtg equipment. machinery. boilers. rar?ges, e4vston and motors, bathtubs, sinks. ware. closets, water basins. pipes,
lauoets, srd other plumbing and heating IixturK, mantels, rolrigeratirg Plans and foe boxes, window screens, stteen doors, venetian Wads. storm shutters and awnings, whits
are now or may hptalter pertain to a bt used vwth, in or ort said premises, even though they be detstdted or detschsbN, are and shall b dMrned to be fixtures and accessions
to the freehold and s part of tM realty, and, if the allow described property is rtow w shall Iterealter be used for contrnercial purposes, then the furniture sad lurnishings and
any raplacerrtents thereol which may !te owned by the Mortgagor and which are now or may hereafter be located upon the shove descrbed property.
TO HAVE AND TO HOLD the same, together with all the estate, right, titN, interest, homestead, dower and right of dower, separate estate, possession, cliim and
derrwW whatsoever, in Isw a in equity, of the said Mortgagor in and to the same, and every part thereof, unto the said Association in fee simple.
The Mortgagor hereby covenants with tM Association that tM Mortgagor n indefeasibly seized with the absolute and fee sarpk tit4 to said property, and has full power,
and lawful authority to sell, convey, transfer and mortgage Ilte fame; Chit it shall be lawful at any time hereafter for the Association t0 peaceably and quietly Mier upon,
have. Hold and Mjoy said property, and every pxt thereof; that said property K free aid discharged Iron all Betts, ettctirrtbrsrtps, and claims of any kind, including taxes and
assessments, except rife lien hereof, which if a fast INn on said property; that the Matgsgo. will make such further aswrartps to perfect the fee simple title to said property
in the Association as may -reasonably be required; and that the Mortgagor does hereby lolly warrant unto the Associauon the title to said property and wdl defend same
against the ntortgsge claims and derruttds of all persons whomsoever.
NOW, THEREFORE, the condition of this mortgage n such that it the Mortgagor shalt well artd truly pay unto the Association, the inttebtedoess
evidenced by there Clruin promissory note, of even date herewith, made by the Mortgagor and payable to the Association, in the principal sum
of--------------------FIFTY THOU3~AND -----------------------------------DOLLARS
IS 50, OQO a 00 1, together with interest as therein stated, payable over a term of 348 months, and shall
perform, comply witA and abide by each and every the stipulations, agreements, conditiom and carerunts contained and set forth in this mortgage and in the pomissory note
secured hereby, thM thif mortgage and the esUte hereby created shall Cease and b! null and vod.
TRANSFER OF THE PROPERTY; ASSUMPTION
If all or any part. of the Property or an interest tfterein is sold or transferred by Mortgagor without Association's prior written consent, exdudirtg Is) the
creation of a lion or encumbrance subordinate to this Mortgage, Ibl the creation of a purchase money security interest for household appliances, (e) a transfer
ny devise, descent or by operation~of Isw upon the death of s joint tenant or (d) the grant of any leasehold interest of three ysan or less not containing an
option to purchase, Association may, at Association's option, declare all the wins secured by this Mortgage to be immediately due and payable. Association
shall have waived such option to aculerate if, prior to the sale or transfer, Auociation and the person to whom the Property is to bs sold or transferred reach
agreement in writing that the credit of such person is satisfactory to Association and that the interest payable on the wins secured by this Mortgage shall be
at such rats as Association shall request. If Association has waived the option to accelerate provided in this paragraph and if Mortgagor's successor in interest
has executed a written assumption agreement accepted in writing by Association, Association shall release Mortgagor from all obligations under this Mortgage
and the Note.
If Association exercises wch option to accelerate, Association shall mail Mortgagor notice of acceleration. Such notice shall provide a period of not less than
30 days from the date the notice is mailed within which Mortgagor may pay the sums declared due. If Mortgagor fails to pay wch wins prior to the expira-
:ion of such period, Association may, without turther notice or demand on Mortgagor, invoke any remedies permitted by paragraph 15 hereof.
AND the Mortgagor does hereby covenant and agree
] To pay all and singular the principal srd tntsrsst and otMr wins of money psysbb by virttN of said promissory mots and this mortgage. or stthsr, promptly on
the days rsspectrwly the same severally become dw.
2 To pay all and singular the taxes. asssssur?ents. other gowrnmentsl levies. ksbrhues. oblpsttorts and encumbrances a every naturo on said described property
D+ and the related debt acquisition each and awry wMn dw and payable atxording to Isw. before they become delittgtrent and. if the same shall not be promptly
~ c ~ pad. the Association may st arty unto. either before or after deknquertcy. pay the same without wa affecting fhb option to torecbse. or any right
p iID hereunder, and awry payment so made shall bear interest from the date thereof at the me of ~ per annum.
m Q C ~ That the Mortgagor will keep all rosl and personal property now or ftereafter encumbered by the pert of this matgags insured as may bs requaed from came to
4 ~ came try the Association agsirtst loss by f+re. windstorm and other hazards, cawalties and contingencies fa such periods and for rat Isss titan stick amounts ss
n. ~ may be required by the Association and to pay promptly when dw all promiums for suct? insurance. Mortgagor sprees to dskvsr renewal or rsplscement
O ~ M policies of arty nature or replscsmant nrtiticatss of mwrancs to the Association. at least ten 110) days prior to the expiration or artniwrsary date a the existing
N ~ pOliciCS The amounts of irtsiirance required by the Assouation shall be minimum amounts for which said inwrance flta0 be wnttM and it shall be incumbent
~ ~O upon the Mortgagor to msinuin such additional ir?suranEs as may W rtscessary to meet and comply fully vrith all oo-instuance requuements contained in said
iii poicies to the end that said Mortgagor is not a co-inwror thereunder. Inwrortn shall bs writtM by a company or crxrtpsrties approved or designated by the
'p Association and all policies aril rertewsls thereof shah be hild by the Association. A4 detailed desigrutions by the Mortgagor which srs accepted by the
~ a`DO u. Assocution and an agreements bstvrsM Mortgagor and Assoaation relattnp to inwranca. now existing or heresher made. shag bs in wrrong and shall be a part
a ~ ~ of this mortgage agreement ss fully as though sat forth verbebm herein and rMll govern both parties hereto and their succssson and assigns. No Ysrt upon any
~ ~ ° t of said pdicies of irtstirsnce or upon any refund or rstum premwm which may bs peyabN on the cartnllstion or termination thereof. shall be given to other than
2 ~ ~ io the Association. except by proper endorsement affxed to wch policy and approved by the Association. Each pokcy a irtwrartn shsN haw affixed thereto a
r ~ ~ H Standard New York Matgsgss Clause without Contribution. making su loss or losses under wch policy paysbM to the Assouation ss its interest may appear
In the swot sr?y win or wins of money become payable tfserwrdar. tM Assoaation shah haw the option to receive and apply the same ort account of the m-
M debtedness hereby seaired. or to permit tM Mortgagor to receive and use it. or any part tlterea, without thereby wsivatg or irnpainrtg arty equity. pets or rrght
~ ~ under and by virtue a this mortgage. In event a loss a physical damage to the mortgaged property, the Mortgagor shah give irtvnediate notice thereof by mail
~ 3 p' to the Association and the Association may mob pros a loss H tlsa same K not made promptly by the Mortgagor. In event a torei~osuro of this mortgage. or
other trsrtsfsr of title to the mortgaged property. in axwtgtruhntent a rife atdebtadrteas secured hereby. sM right. uW and interest a the Mortgagor in and to
srry mwrartn policies tMn in torn shah pass to tM purchaser a grantee. Tito Mortgagor further agrees to abide by the rtrlas and axistatg regulations a the
Assocutioa in wrtrtection with requaed atswann tbvaroge a tM property herein encumbered.
4 Paragraph 4 and tftoN which fotfow aro oontaiMd on tM rweroe aide a this mortgage and by rter.rtc. aro atibrporotad into the body a this rrtortgsge.
The terms Mortgagor and Association, whenever used in this atstrument, dull irtNtrde die heirs, paaortal repreeentstives, woceuors or assgns of the respective parties
hereto. Wherever used, tM singular rwntber shall iricludt tits Plural and the plural the singular, and the use of arty gender shall atckrde all gitrtders.
tN WITNESS WHEREOF, these prerpips have been exeasted on tM day and year lint show writtM.
SigiMd, setNed and ddiwred m the presence of:
(SEALI
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J . c FFS
(SEAL)
tsEAu
~ Y~ssACaUS$TTS _
STATE OF COUNTY OF ![iddleafsx =
The foregoing irtstrunNnt vas aiknavledged before rrte this- day of ~y , /9 80 by ,~tj,s
j u
RICHARD He McAULIFF$ and RUTH Ja McAULIFFE, husband and ifs
~ exo~+ hay 30, 1980 ~ u. Al Ian P, ~ ~ oq _
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lifAASBACHU3$'i'1`s. . ~ = 3. i
ftlolsry Public. Saes a
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eo~331 p~11~5 =Kr,.rittt'~Nt~t